Legal Question in Real Estate Law in New York

I owe arrears on my house. someone from my bank called "as a courtesy call " to let us know the county was going to foreclose on our home. the call was made on 5.12.10 saying the foreclose was going to be on 5.14.10. . it sent us into a panic,we ran to the bank there was no record in the system about the courtesy call. the person at the bank told us they would pay the arrears and tack onto one of our lines of credit. the person who called told us the same thing and wanted the info on who we spoke to. we never got any notice about this from the town, called the treasurers office and they said no such letter was ever sent and not to worry. the mental anguish this caused was huge . is this legal?


Asked on 5/14/10, 7:02 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

It appears someone has your information and may have used it improperly. You do not specify what is in arrears (mortgage payments, real estate taxes, insurance, etc.). Towns can sell unpaid tax liens and the purchaser can commence foreclosure, but if this were to happen you would be notified well in advance, although notice by a Town may be by advertisement in public records in a newspaper, not by personal letter to you. Banks usually will cover some arrears, like taxes and insurance, and give you the opportunity to bring your account current More information is needed to provide a specific answer.

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Answered on 5/19/10, 10:05 am


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